Delaware Company Formation

Are you interested in the company formation process in Delaware? Here's everything you need to know to follow in the footsteps of some of the most successful businesses in the US. 

Delaware is one of the most favourable and popular jurisdictions for company formation in the US. The state has no citizenship or residency requirements governing corporation establishment, and the company formation process takes approximately four days if all documentation is submitted.

You only need one person for Delaware company formation, and you can do so remotely. All you need to do is provide photo identification and a utility bill or bank statement that’s at least three months old as proof of address.

The state authority approves the proposed company name. 

Delaware company formation

Some industries such as insurance and reinsurance, banking and trusts require special licensing before name approval. The only restricted type of company is the 'S' corporation, which should be owned by a US citizen or resident.

Delaware allows the filing of Articles of Organization with the state government. For an LLC, the company should submit the operating agreement, provide membership certificates, establish a bank account and apply for an employer identification number and tax ID number.

Upon formation, the company has 30 days to file the list of managers and members of the corporation. There is no requirement for a director who is a local resident, therefore the director may be of any nationality. These conditions also apply to shareholders, and corporate entities may also be shareholders.

It's recommended to have a registered office and agent. If the company doesn't conduct any business in Delaware, the firm will not be liable for state business taxes.

Benefits

  • Zero requirements to trade in-state

  • No office requirement

  • Zero state business taxes

  • High level of corporate anonymity

  • Attractive fee structure

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